A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §61-3-59, relating to
crimes against property involving graffiti; imposing liability
on parent or legal guardian of a person under eighteen for
violations; requiring driver’s license restrictions;
authorizing a court to require restitution; providing criminal
and civil penalties; and authorizing property owners to
initiate civil actions to recover damages.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §61-3-59, to read as
follows:

ARTICLE 3. CRIMES AGAINST PROPERTY.

§61-3-59. Graffiti.

(a) As used in this section, “graffiti” means any unauthorized
inscription, word, figure or design that is marked, etched,
scratched, drawn, painted on or affixed to the public or private
property, real or personal, of another, which defaces the property.
As used in this section, “value of the loss” is determined by the
cost of repair, replacement or restoration of the defaced property.

(b) A person who places graffiti on or otherwise defaces the
public or private property, real or personal, of another, without
the permission of the owner where the value of the loss is less
than $500, is guilty of a misdemeanor and, upon conviction thereof,
for a first offense, shall be confined in jail not less than
twenty-four hours nor more than six months and fined not more than
$1,000. For a second offense, the person is guilty of a
misdemeanor and, upon conviction thereof, shall be confined in jail
not less than forty-eight hours nor more than six months and fined
not more than $2,000. For third and subsequent offenses, the
person is guilty of a felony and, upon conviction thereof, shall be
imprisoned in a correctional facility for not less than one nor
more than three years and fined not more than $10,000.

(d) If a person commits more than one offense under this
section, pursuant to a scheme or continuing course of conduct, the
value of all property damaged or destroyed by that person in the
commission of those offenses shall be aggregated for the purpose of
determining the penalty prescribed in this section.

(e) The court may, in addition to any other fine or penalty
imposed, order a person who violates this section to pay
restitution.

(f) A person convicted under any provision in this section
shall be sentenced to not more than one hundred hours of
court-approved community service. The court may order the person
to repair, replace, clean up or keep free of graffiti the property
damaged or destroyed by the person or any other public or private
property, with approval of the owner, located in the county where
the offence occurred.

(g) The parent or legal guardian of a person under eighteen
years of age who violates this section is liable for all fines and
penalties imposed against the person. If the parent or legal
guardian is unable to pay the fine and penalties resulting from a
violation of this section because of financial hardship, the court
may require the parent or legal guardian to perform community
service.

(h) If a person who is eighteen years of age or older is
found guilty of violating this section, the court shall, in
addition to any other penalty imposed, issue an order suspending
the driver's license of the person for not less than six months and
not more than two years. The court shall require the person to
surrender all driver's licenses then held by the person. If the
person does not possess a driver's license, the court shall issue
an order prohibiting the person from applying for a driver's
license for not less than six months and not more than two years.
The court shall, within five days after issuing the order, forward
to the Division of Motor Vehicles any licenses together with a copy
of the order.

(I) A criminal penalty imposed pursuant to this section is in
addition to any civil penalty or other remedy available pursuant to
this section or another statute for the same conduct.

(j) The owner of public or private property that has been
damaged by graffiti may bring a civil action against the person who
placed the graffiti on the property. The court may award to the
property owner damages in an amount up to three times the amount of
any loss in value to the property or up to three times the cost of
restoring the property plus attorney's fees and costs, or both,
which may be recovered from the offender or, if the offender is
less than eighteen years of age, from the parent or legal guardian
of the offender.

NOTE: The purpose of this bill is to provide criminal
penalties for the intentional defacement of public and private
property due to graffiti and provide a civil remedy for victims.